words and meaning Flashcards
what does Plaintiff mean
A person who brings a civil matter against another person or company.
what does Mens rea mean
The accused showed intention of doing and acted with a guilty mind.
what does actus reus mean
accused committed the guilty act.
what does summary offence mean
They are less serious offences like speeding and jay walking relating more to public order.
what does indictable offence mean
They are more serious crimes that are heard before a judge and jury. They included theft and homicide.
what does tort mean
a legal wrong which one person or entity (the tortfeasor) commits against another person or entity and for which the usual remedy is an award of damages.
what does VCAT mean
Victorian Civil and Administrative Tribunal
What does Tribunal mean
provide a faster, less expensive and more informal process for deciding disputes between people
what does civil law mean.
defines the rights and responsibilities of individuals, government entities and private or non-government organisations in their interactions with each other
define Statue law
the law made by the commonwealth, state and territory parliaments.
define common law
A higher court decision (or the reason for the decision) sets a precedent and other courts will follow the same decision in any similar future cases.
what does burden of proof mean
proof beyond reasonable doubt of each element of the offence and disproof beyond reasonable doubt of any defence, exception, exemption, excuse, justification, or qualification.
what does beyond all reasonable doubt mean.
an expression used to convey the high standard of proof required of the prosecution
what does standard of proof mean
the amount of evidence necessary to prove an assertion or claim in a trial.
what is the jury
a collection of average citizens, 12 for criminal trials and 6 for civil trials.
what does injunction mean
a Court order directing a person to do a specific thing or, more commonly, to not do a specific thing.
what does prosecution mean.
In a criminal trial the Crown Prosecutor represents the community. Their role is to assist the court and the jury to arrive at the truth and to do justice between the community and the accused
A person who brings a civil matter against another person or company.
Plaintiff
The accused showed intention of doing and acted with a guilty mind.
Mens rea
accused committed the guilty act.
reus mean
They are less serious offences like speeding and jay walking relating more to public order.
summary offence
They are more serious crimes that are heard before a judge and jury. They included theft and homicide.
indictable offence
a legal wrong which one person or entity (the tortfeasor) commits against another person or entity and for which the usual remedy is an award of damages.
tort
Victorian Civil and Administrative Tribunal
VCAT
